Terms of Use Agreement
Important: Please Review This Terms of Use Agreement Before Using This Website Or Accessing Any Other Pages Or Services.
These terms constitute a binding agreement between you and Eluminize, Inc. d/b/a HRJOBBOARD.com, and are accepted by you upon your use of this website.
Effective Date: This Terms of Use Agreement was last updated on October 20, 2007.
This Terms of Use Agreement (“Agreement”) is between you (the “Member”) and Eluminize, Inc., d/b/a HRJOBBOARD.com. This Agreement sets forth the terms and conditions under which you may access or use HRJOBBOARD.com and its associated services. By accessing or using the HRJOBBOARD.com website you (the “Member”) acknowledge that you have read, understood and accept these terms of use. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at HRJOBBOARD.com website. Your continued access or use of the website or any associated services after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
HRJOBBOARD.com is providing Member with online recruiting solutions. Member is solely responsible for providing all equipment and services necessary to utilize HRJOBBOARD.com and its associated services. Without limiting the foregoing, Member is responsible for providing (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees related with such connection. We shall not be responsible for any costs or expenses incurred by Member’s access or use of HRJOBBOARD.com or its associated services.
2. Disclaimer of Warranties.
THE SITE IS PROVIDED BY HRJOBBOARD.COM ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HRJOBBOARD.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THIS WEB SITE IN TERMS OF ITS AVAILABILITY, SECURITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. HRJOBBOARD.COM SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THIS WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HRJOBBOARD.COM DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion may not apply to you.
3. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ELUMINIZE, INC., ANY AFFILIATED COMPANY, ANY OF ITS SUPPLIERS, OR ANY THIRD PARTIES SHALL be liable for any damages whatsoever, INCLUDING BUT NOT LIMITED TO any DIRECT, special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if ELUMINIZE, INC., ANY AFFILIATED COMPANY, ANY OF ITS SUPPLIERS, OR ANY THIRD PARTIES has been advised of the possibility of such damages.
TO FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ELUMINIZE, iNC.’S MAXIMUM CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR ANY ASSOCIATED SERVICES SHALL NOT EXCEED $100, REGARDLESS OF WHETHER THE CAUSE OF ACTION IS IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.
4. Indemnification
Member agrees to indemnify and hold HRJOBBOARD.com, its parents, subsidiaries, affiliates, suppliers, officers and employees, harmless from any and all claims, actions or demands, including without limitation reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use or access, or the use or access by any other person from Member’s computer or utilizing Member’s log-in information, of the website or any associated service, the violation of this Agreement, any actual or alleged infringement by Member, or any other person using or accessing the website from Member’s computer or utilizing Member’s log-in information, of any intellectual property or other rights of any person or entity.
5. Modifications and Interruption to Service
We reserve the right to modify or discontinue the website or any associated service with or without notice to the Member. We shall not be liable to Member or any third party should we exercise our right to modify or discontinue the website or associated services. Member acknowledges and accepts that we do not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
6. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. These links are provided as a convenience to you and are not an endorsement by us of their content or services. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. Use of any third-party site is at your own risk. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.
7. Accuracy of Information
We do not warrant or represent that any information contained on the website or any associated service is accurate, reliable, complete or timely. We do not have any obligation to you or any third-party to update any information.
We make no warranties or representations whatsoever with regard to any product or service provided or offered by any third-party, and you acknowledge that any reliance on representations and warranties provided by any third-party shall be at your own risk.
You warrant that all use of the website (including any associated services) and all information provided by you, or by any person utilizing your computer or log-in information, shall (i) be accurate and complete, (ii) not infringe any intellectual property rights of any entity, (iii) not violate any applicable law or regulation, (iv) not constitute defamation of any entity, (iv) not be abusive or malicious, and (v) not violate any term or condition of this Agreement.
8. Governing Jurisdiction of the Courts of Maryland
Our website is operated and provided in the State of Maryland. As such, we are subject to the laws of the State Maryland, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Maryland. You are responsible for compliance with the laws of your jurisdiction.
YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN THE STATE OF MARYLAND WITH RESPECT TO ANY LEGAL PROCEEDINGS ARISING OUT OF THESE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE OR ANY ASSOCIATED SERVICES.
9. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the website or any associated services in any way that violates applicable state, federal, local or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
10. Copyright and Trademark Information
The entirety of the content in this website is a collective work owned by Eluminize, Inc. and is protected by U.S. and international copyright laws. Copyright 2007 HRJOBBOARD.com. All rights reserved. All elements comprising this site, including without limitation, the text, site design, logos, graphics, icons and images, as well as the selection, assembly and arrangement thereof are the sole property of Eluminize, Inc. or its licensors, and are protected by U.S. and international copyright laws. Permission is granted to electronically display and electronically copy and print hard copy portions of this website for your own non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of any content of this website is strictly prohibited. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Eluminize, Inc. is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Eluminize, Inc.
HRJOBBOARD.com ™ is proprietary marks of Eluminize, Inc. HRJOBBOARD.com’s trademarks may not be used in connection with any product or service that is not provided by HRJOBBOARD.com in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits HRJOBBOARD.com.
All other trademarks displayed on the website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those third-parties. In addition, such use of trademarks or links to the web sites of third-parties is not intended to imply, directly or indirectly, that those third-parties endorse or have any affiliation with HRJOBBOARD.com.
11. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, HRJOBBOARD.com designates the following contact information as the agent for receipt of notifications of claimed copyright infringement.
Email: support@hrjobboard.com
12. Termination of Account
To the fullest extent permitted by applicable law, we retain the right, at our sole discretion, to terminate any account with or without cause, with or without notice, and without any liability to you.
Without limiting the foregoing, we may terminate your account if you are involved with botnets or related activities. If any hostnames are used as command and control points for botnets, HRJOBBOARD.com reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
13. Other Terms
Any provision of this Agreement which is invalid, illegal or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such invalidity, illegality or unenforceability, without in any manner affecting the remaining provisions of this Agreement in such jurisdiction or rendering that or any other provision of this Agreement invalid, illegal or unenforceable in any other jurisdiction..
14. Assignment
You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by HRJOBBOARD.com in our sole discretion, to a third party in the event of a merger or acquisition.
15. Complete Agreement
This Agreement constitutes the entire agreement between the parties and supersedes and renders null and void all prior or contemporaneous agreements, understandings and proposals, whether oral or written, between the parties relating to the subject matter of this Agreement.
16. No Waiver
A failure by Eluminize, Inc. to assert its rights under this Agreement shall not be deemed to be a waiver of such rights nor shall any waiver be implied from any act or omission. All waivers to be effective must be in writing. No waiver with respect to any right shall extend its effect to any subsequent breach of this Agreement of like or different kind unless such waiver explicitly provides otherwise.